If you have been injured on someone else’s property, you may be entitled to recover in a premises liability action, which often arises when a “slip-and-fall” or a dog bite injury occurs. Under California Civil Code 1717(a), every property owner must maintain their premises in a safe and secure condition, ensuring that either no dangers or hazards exist on the land or, alternatively, that visitors are adequately warned. Failure to comply with California law will subject the wrongful owner to claims for any injuries you sustain.
Types of Premises Liability Claims
Premises liability actions apply most frequently to municipalities (cities, counties, and the like), business owners, and homeowners. Further, the most common type of premises liability case involves a “slip-and-fall” where an individual is injured when he or she slips and falls in a grocery store, shopping mall, airport, restaurant, nightclub/bar, sidewalk, escalator/elevator, and so forth. The bases for a “slip-and-fall” accident may be flawed construction design, slippery surfaces, technical issues with escalators/elevators, inadequate security or maintenance of property, inadequate lighting, and/or inadequate warnings.
Unfortunately, minors and the elderly are often the victims of slip-and-fall accidents because they do not receive necessary warnings to avoid dangers on at-risk property. However, all individuals, regardless of age, are at risk of dangerous and, possibly life-changing, slip-and-fall accidents.
So if you were the victim of a slip-and-fall accident, you may be entitled to recovery, and KatzLaw encourages you to speak to one of our qualified premises liability attorneys to obtain prompt and effective relief. We are prepared to gather all evidence in furtherance of your case such as inspecting the scene of the accident, interviewing witnesses, locating footage from security cameras, analyzing prior accidents on the premises, and reviewing key property documents such as log books and maintenance records. KatzLaw will also handle all negotiations with the insurance companies and, when necessary, file a lawsuit on your behalf.
Although dogs are known as the friendliest pets, they can be aggressive, and often vicious, if not properly trained and supervised. At KatzLaw, we appreciate the severity of dog bite injuries as our founder, Lior Katz, was the victim of a horrific dog bite at a young age. Lior sustained severe injuries to his face after a dog attacked him, resulting in a complex surgery, several days of hospitalization, and a long recovery process. Despite this horrific accident, however, Lior did not receive any compensation for his injuries because he did not retain an attorney.
Every day, hundreds of people are similarly rushed to the hospital because they have suffered from a dog bite injury. According to the Centers for Disease Control and Prevention, over half of dog bite injuries occur at home where dogs are familiar with their victims. As the number of dogs inside the home increases, the likelihood of being bitten by a dog increases as well. In fact, adults with two or more dogs in the household are five times more likely to be bitten than those living without. However, adults are often not the victims of dog bite injuries — children are. Among children, the rate of dog bite related injuries is highest for those between 5 and 9 years old.
Injuries from dog bites can range from minor wounds to deep lacerations. There is a high risk of developing a disease as well. On average, up to 18% of dog bites become infected with one or more of the 60 different kinds of bacteria found in dogs. Rabies is one of the most serious diseases a victim can develop from a dog bite injury.
So if you or your child has sustained injuries from a dog bite, we encourage you to seek treatment immediately and contact an attorney promptly thereafter. No one should have to suffer such a painful, debilitating, and traumatic injury. It can be difficult to imagine the process of putting your life back together but, at KatzLaw, we can help you find answers to your dog bite questions and receive the compensation you deserve. Contact us now or call today at (844) KATZ-LAW for your FREE consultation!
Other Premises Liability Claims
There are other premises liability claims that arise when when the victim suffers injuries on the property of another. These injuries include, but are not limited to, the following:
- Drowning – Swimming pool accidents may arise if proper security measures are not in place to protect visitors, especially elderly people and children, from falling into a pool. Unfortunately, there is a huge number of children who fall and drown in pools each year as a direct result of inadequate security such as improper fencing and insufficient warnings.
- Failure to Provide Adequate Security – Negligent security at a public place, such as an airport, restaurant, hotel, nightclub/bar, or parking garage can lead to assault. Owners of property open to the public are required to keep their land safe for guests and, when safety measures are not in effect, those injured as a result of criminal activity on such land may have a valid claim against the owner.
Proving a Premises Liability Case
In order to have a valid premises liability action, the plaintiff must prove that the property owner owed a duty to the plaintiff, the property owner breached that duty, the breach was the cause for the injuries sustained, and damage resulted. If there are no damages, there can be no recovery.
There are many considerations made when evaluating a premises liability claim:
- The circumstances in which a person entered the property (for example, did the person trespass or was the person allowed on the property);
- The normal use(s) of the property (for example, is it a public place, or one where a limited amount of people enter);
- Any prior accidents that arose from events similar to those which caused the plaintiff’s injuries;
- How foreseeable the accident was; and,
- Actions taken by the property owner to repair or warn of the unsafe condition that caused the accident.
What is the Potential Recovery from a Premises Liability Claim?
Every accident and every injury is different. As such, your recovery will always depend on the specific circumstances surrounding your accident and the extent of your injuries. The potential damages you may recover are as follows:
- Lost wages;
- Loss of earnings;
- Present and future medical expenses;
- Pain and suffering; and
- Compensatory damages.
Almost any danger on public or private property, which could foreseeably lead to an injury, and ultimately does result in an injury, provides grounds for a premises liability lawsuit. So if you have been hurt on someone else’s property, or if you have been bitten by a dog, we encourage you to contact us now or call today at (844) KATZ-LAW for your FREE consultation! KatzLaw consists of qualified and aggressive attorneys who not only care about your potential recovery, but care about your well-being and your ability to recover for premises liability injuries.